Common use of Other Dilutive Events Clause in Contracts

Other Dilutive Events. In case any event shall occur as to which the provisions of Section 3 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such sections’, then, in each such case, upon the request of the Required Holders, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may be the regular auditors of the Company or such other independent certified public accountants selected by the Company), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Section 3, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to such Holder and shall make the adjustments described therein.

Other Dilutive Events. In case any event shall occur as to which the provisions of Section 3 paragraphs (b), (c) or (d) of this section 9.1 are not strictly applicable but the failure to make any an adjustment would not fairly protect the purchase rights represented by this Warrant Agreement and the Warrants in accordance with the essential intent and principles of such sections’those paragraphs, then, in each such case, upon the request of the Required Holders, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may be the regular independent auditors of the Company or such other independent certified public accountants selected by the Company), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Section 3such sections, necessary to preserve, without dilution, the purchase rights represented by this WarrantAgreement and the Warrants. Upon receipt of such opinion, the Company will promptly mail a copy thereof to such Holder the Holders and shall make the adjustments described therein.

Other Dilutive Events. In case any event shall occur as to which the provisions of Section section 2 or section 3 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such sections’, then, in each such case, upon the request of the Required Holders, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may such firm to be subject to the regular auditors approval of the Company or such other independent certified public accountants selected by the CompanyWand/Xxxxxx Investments L.P.), which shall give their opinion upon regarding the adjustment, if any, on a basis consistent with the essential intent and principles established in Section sections 2 and 3, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to such Holder the holder of this Warrant and shall make the adjustments described therein.